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(영문) 의정부지방법원 2016.06.23 2015재가단29
소유권말소등기
Text

1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the Defendant (Quasi-Review Plaintiff).

Reasons

1. The following facts are clear in the records of the decision subject to quasi-examination:

Since the Plaintiffs completed the registration of ownership transfer for gift on the real estate in the name of the deceased F (E and the father of the Plaintiffs) that was forged by E with respect to the real estate in the name of the deceased F (E and the father of the Plaintiffs), the registration of ownership transfer is null and void. After the registration of ownership transfer was completed, the Plaintiff filed a lawsuit seeking registration of ownership cancellation (hereinafter “instant lawsuit”) with the Government District Court 2013Na15363, asserting that the registration of ownership transfer in the name of the Defendant was invalid.

Ruling of recommending reconciliation

1. Defendant E shall implement the procedures for registration of cancellation of each transfer of ownership, which was completed on July 12, 2012 with the receipt of No. 9045, with respect to each real estate listed in the list (attached Form 1) to the Plaintiffs.

2. As to each real estate listed in Articles 8, 9, and 10 in the list of the plaintiffs (attached Form 1), the defendant Jeonsan Agricultural Cooperative shall implement the registration procedure for cancellation of the registration of the establishment of each establishment of a mortgage in the vicinity of the establishment of a mortgage completed under No. 9324 on July 19, 2012 with respect to each real estate.

3. The plaintiffs waive their respective remaining claims.

4. The costs of lawsuit shall be borne by each person;

B. The above court made a decision of recommending reconciliation (hereinafter “decisions subject to quasi-deliberation”) with the following contents, and this decision became final and conclusive on April 18, 2015 as the Do for filing an objection period.

2. The defendant's ground for quasi-examination

A. Although the Plaintiff died on September 1, 2013 when the lawsuit of this case was pending against E, there was a ground for retrial under Article 451(1)3 of the Civil Procedure Act as to the decision on the quasi-examination of this case, since the decision on the subject of quasi-examination of this case became final and conclusive, since the lawsuit of this case was pending without the procedure of lawsuit acceptance by the Plaintiffs as inheritor.

(hereinafter “the first argument”). B.

E, like the plaintiffs, is co-inheritors of the network F, and is recorded in the attached list 1.

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